David Greene

David Greene

Civil Liberties Director

David Greene, Senior Staff Attorney and Civil Liberties Director, has significant experience litigating First Amendment issues in state and federal trial and appellate courts and is one of the country's leading advocates for and commentators on freedom of expression in the arts. David was a founding member, with David Sobel and Shari Steele, of the Internet Free Expression Alliance, and currently serves on the Northern California Society for Professional Journalists Freedom of Information Committee, the steering committee of the Free Expression Network, the governing committee of the ABA Forum on Communications Law, and on advisory boards for several arts and free speech organizations across the country. David is also an adjunct professor at the University of San Francisco School of Law, where he teaches classes in First Amendment and media law and an instructor in the journalism department at San Francisco State University. He has written and lectured extensively on many areas of First Amendment Law, including as a contributor to the International Encyclopedia of Censorship. Before joining EFF, David was for twelve years the Executive Director and Lead Staff Counsel for First Amendment Project, where he worked with EFF on numerous cases including Bunner v. DVDCCA. David also previously served as program director of the National Campaign for Freedom of Expression where he was the principal contributor and general editor of the NCFE Quarterly and the principal author of the NCFE Handbook to Understanding, Preparing for and Responding to Challenges to your Freedom of Artistic Expression. He also practiced with the firms Bryan Cave LLP and Hancock, Rothert & Bunshoft. He is a 1991 graduate of Duke University School of Law.

David's work has been recognized by California Lawyer magazine as a 2013 California Lawyer Attorney of the Year, and by the SPJ Northern California as the recipient of its 2007 James Madison Freedom of information Award for Legal Counsel. He was also awarded The Hon. Ira A. Brown Adjunct Faculty Award by USF Law School in 2012.

Deeplinks Posts by David

Social media platforms such as Facebook and Twitter provide an opportunity for everyone to have a voice on the Internet, to communicate with friends, post their views, and comment on movies or the president. However, the fact that they provide a broad, open platform for speech doesn’t automatically mean they...

California is still trying to gag websites from sharing true, publicly available, newsworthy information about actors. While this effort is aimed at the admirable goal of fighting age discrimination in Hollywood, the law unconstitutionally punishes publishers of truthful, newsworthy information and denies the public important information it needs to fully...

We’ve taken Internet service companies and platforms like Facebook, Twitter, and YouTube to task for bad content moderation practices that remove speech and silence voices that deserve to be heard. We’ve catalogued their awful decisions. We’ve written about their ambiguous policies, inconsistent enforcement, and...

President Donald Trump and his lawyers still believe he can block people on Twitter because he doesn’t like their views, so today we’ve filed a brief telling a court, again, that doing so violates the First Amendment. We’re hopeful that the court, like the last one that considered...

Journalists face increasingly hostile conditions covering public protests, presidential rallies, corruption, and police brutality in the course of work as watchdogs over government power. A case before the U.S. Supreme Court threatens press freedoms even further by potentially giving the government freer rein to arrest media people in...

A federal court considering a challenge to the Allow States and Victims to Fight Online Sex Trafficking Act of 2017, or FOSTA, dismissed the case on Monday.EFF and partner law firms filed a lawsuit in June against the Justice Department on behalf of two human rights organizations, a...

We are asking a court to declare the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”) unconstitutional and prevent it from being enforced. The law was written so poorly that it actually criminalizes a substantial amount of protected speech and, according to experts, actually hinders...

Video editing technology hit a milestone this month. The new tech is being used to make porn. With easy-to-use software, pretty much anyone can seamlessly take the face of one real person (like a celebrity) and splice it onto the body of another (like a porn star), creating videos that...

We’ve taken a stand for the First Amendment rights of individuals to receive and comment on social media posts from governmental officials and agencies. We’ve received a lot of good questions about why we believe that public servants—mayors, sheriffs, senators, even President Donald Trump—can’t block people whose views...

A court’s order preliminarily enjoining a website from publishing certain images and statements about a former governmental official is an unconstitutional prior restraint and must be rescinded, EFF argued in an amicus brief filed yesterday in the New York state appellate court.
The case, Brummer v....